26.09.2014 Views

reconvene regular meeting: 7:00 pm - Irvine Unified School District

reconvene regular meeting: 7:00 pm - Irvine Unified School District

reconvene regular meeting: 7:00 pm - Irvine Unified School District

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Participants are entitled to temporarily borrow up to 75% of funds held in non-general fund accounts but<br />

cannot borrow any funds held in general obligation bond funded accounts.<br />

Covenants of the Participants<br />

SUMMARY OF THE NOTE RESOLUTIONS<br />

In its respective Note Resolution, each Participant has approved and authorized the set-aside of the<br />

Pledged Revenues in the respective Repayment Months and has represented or covenanted, among other<br />

things, the following:<br />

(A) That the Participant has (or will have prior to the issuance of its Note and<br />

Additional Parity Note, if issued) duly, <strong>regular</strong>ly and properly adopted a preliminary budget for<br />

Fiscal Year 2010-11 setting forth expected revenues and expenditures and has complied with all<br />

statutory and regulatory requirements with respect to the adoption of such budget, and the<br />

Participant will duly, <strong>regular</strong>ly, and properly prepare and adopt its final budget for Fiscal Year<br />

2010-11 and comply with all applicable law pertaining to its budget;<br />

(B) That the sum of the principal amount of the Participant’s Note plus the interest<br />

payable thereon, on the date of its issuance, will not exceed 50 percent of the estimated amounts of<br />

such Participant’s then uncollected taxes, income, revenue (including, but not limited to, revenue<br />

from the State and federal governments), cash receipts and other moneys to be received by such<br />

Participant for the general fund of such Participant provided for and attributable to Fiscal Year<br />

2010-11, all of which will be legally available to pay principal of and interest on the Note;<br />

(C) That the Participant, as of the date of adoption of its Note Resolution and on the<br />

date of issuance of its Note and Additional Parity Note, reasonably expects the County to collect at<br />

least 85 percent of the amount described under (B) above for Fiscal Year 2<strong>00</strong>9-10;<br />

(D) That the Participant (i) has not defaulted within the past 20 years, and is not<br />

currently in default, on any debt obligation and (ii) to the best knowledge of such Participant, has<br />

never defaulted on any debt obligation;<br />

(E) That the Participant will not directly or indirectly amend, supplement, repeal or<br />

waive any portion of its Note Resolution in any way that would materially adversely affect the<br />

interests of the Noteholders or Note Participation Owners;<br />

(F) That the Participant and its appropriate officials have duly taken, or will take, all<br />

proceedings necessary to be taken by them, if any, for the levy, receipt, collection and enforcement<br />

of the Pledged Revenues in accordance with law for carrying out the provisions of its Note<br />

Resolution, the Trust Agreement, if any, and its Note;<br />

(G) That except for an Additional Parity Note, if any, pursuant to the Note Resolution,<br />

the Participant will not incur any indebtedness secured by a pledge of its Unrestricted Revenues<br />

unless such pledge is subordinate in all respects to the pledge of Pledged Revenues under its Note<br />

Resolution;<br />

(H) That, as of the date of adoption of its Note Resolution, the Participant does not<br />

have a negative or qualified certification applicable to Fiscal Year 2<strong>00</strong>9-10 within the meaning of<br />

Section 42133 of the Education Code of the State of California;<br />

9<br />

Page 164<br />

22314.4 033985 POS

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!